La. Court Retains Jurisdiction over Asbestos Case, Says Assertion of Federal Defense Not ‘Frivolous’

NEW ORLEANS –– A Louisiana federal court has denied efforts from an asbestos plaintiff to remand his claims, finding that Avondale Shipyard’s assertion of a federal defense was not frivolous.

In the May 14 order, the U.S. District Court for the Eastern District of Louisiana concluded that the plaintiff had failed to established that no federal nexus existed or that the removal was untimely.

Plaintiff Robert Bourgeois II filed the underlying case, contending that he developed malignant pleural mesothelioma as a result of his exposure to asbestos-containing products while working at Avondale Shipyards as a mail dispatcher. The plaintiff …